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HomeMy WebLinkAboutWHITE,ROSE 10 12 9ceitii•• ' Q EC C3 FEB 5 1973 TOWN OF NORTH ANDOVER o JOHN J. LYONS � TOWPI -CLERK � o ro MASSACHUSETTS �o NURilt ANNY9 oZ L� b2 �dZZ42 BOARD OF APPEALS February 5 , 1973 Frederick & Rose White 240 & 242 Dale Street Petition No. 2-173 John J. Lyons, Town Clerk Town Office Building North Andover, Mass. Dear Sir: A public hearing was held by the Board of Appeals on January 15, 1973 upon appli— cation of FREDERICK R. & ROSE WHITE who requested a variation of Sec. 6.11 6.2 and Table 2. of the Zoning By—Law so as to permit the conveyance of one of two adjoining lots; both owned by the petitioners, both having houses thereon and each lot having been conveyed separately to the petitioner; located at the north side of Dale Street and known as 240 & 242 Dale Street. The following members were present and voting: J. Philip Arsenault, Esq., Chairman; Dr. Eugene A. Beliveau, Clerk; Frank Serio, Jr. and Associate Members Louis DiFruscio and William N. Salemme. The hearing was advertised in the Lawrence Eagle—Tribune on December 30, 1972 and January 6, 1973 and all abutters were duly notified by regular mail. Atty. Thaddeus Palys, 301 Essex St., Lawrence, represented the petitioners. He ex— plained that this is a unique situation. The plan shows two parcels of land but originally they were not in single ownership. The petitioner's father purchased one lot in January, 1954 and deeded the other lot to his son, the petitioner, in November, 1954, so that from 1954, parcels A and B were in separate ownership until April 21, 1972 when the father placed parcel A into the name of the petitioner, so that he now owns both parcels. A house has been on each lot since 1954. The peti— tioner wishes to sell parcel "A" with the house. There is no land available for combination. There will be no changes in the lots; they just want to be able to convey parcel "A" without any problems. There would be a hardship because there would be a single lot with two houses upon it if the variance were not allowed. This would not be detrimental and is in keeping with the intent of the Zoning By—Law. No one else spoke and there was no opposition. F Frederick & Rose White —2- February 5 r 1973 The petition was taken under advisement and during this period was reviewed by the Board. The Board found that the lot was unique in that there are two buildings on one lot in a predominantly single family residence district and that a hardship would result because that type of lot would not be readily marketable. That there would be no substantial variance from the intent of the By—law and that the neigh— borhood would not be adversely affected because there would be no structural changes to either of the two buildings already on the lots. Very truly yours, D OF APPEALS . Philip Arsenault, Esq., Chairman AD NoHry qq� 1.� Araal� P. ��.•. rasa�,: A /y�CHUSF'.14A .. '- TOWN OF N 'A ORTH ANDOVER to R MASSACHUSETTS � fCE1VE'Q Q, 7373 ~�' BOARD OF APPEALS `o JOHN N� UONS No Nul?r ACLERK, NOTICE OF DECISION 2fd ZZ �Z � Date . . February. . . 5 .,. .1g73. . . . . Petition No.. . .?,!- 73. . . . . . . . . . . . . . Date of Hearing. .,T. .mry.15,. 3•97.3 Petition of Frederick .R. .&.Ro. .se .White . . . . . . . . . . . . . . . . . . . . ... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Premises affected . 240 & .242. Dale .Street . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Referring to the above petition for a variation from the requirements of the . . . . . . . . . . . . . . . . . . . .North.Andover. Zoning.$y-LAW .See.. b..l.r .4.2. and .Table. 2 . . . . . . . . . . . . . . . . . . . . . . . so as to permit . the division of a_parcel of .land into two. lois = .each, lot .containing one dwelling. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . I . . . . . . . . . . I . . . . . . . . . . After a public hearing given on the above date, the Board of Appeals voted to . .GRA14T . . . . the Variance Signed J. Philip Arsenault, l ssq!.q. Chairman .Dr. .bene A4!'. Belivean,. @lerk. . . . . . . . . . Frank 3erio� ... . . . . . . . . . . . . . . . . . . . . . . . . . Louis. DiF'rnscio,, lesoCiate. Member. . . . . . . William N. Salemmel Associate Member . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Board of Appeals e Foam 81 P - 4 (1963) North Andover Planning Board NOTICE TO TOWN CLERK of SUBMISSION To PLANNING BOARD OF PLAN DESCRIBED BELOW, BELIEVED NOT To REQUIRE APPROVAL UNDER THE SUBDIVISION CONTROL LAW Name and Address of Applicant: Date of Submission of Plan; Fro"r I ak R a lose aIto 242 Qs Is Short( Fil oor * 108 jjs(th And~* Ness. 4a � 3 7R Town Clerk, Town of North Andover Town Office Building " rn North Andover, Massachusetts 2,1913 Ls 301A 1.I.YONtQS Dear Sir: I,ER- TOWN Q Pursuant to the provisions of G.L. c. 41, ss. 81 P T, 10 bz €2 22 hereby notified that the plan described below has this day been subm ed to the North Andover Planning Board for a determination that approval of the same is not required by the subdivision control law. EXACT TITLE OF PLAN, with date and name of Surveyor: IM Plan of s! !R 11�1r I weer tas. oftes lMirys��Ps 1" G � ;t�#♦ Description oiftxim 64ugllent f : 'Ms s Lood so t" Wth tom') stft Of 0010 Strom 03140 Sof 0242 SO 1t�'1�IR Title reference: North Essex Deeds, Book , page Attorney for Applicant: Ve truly yours, 2� Applicant is A i Form 81 P - 2 (1963) North Andover Planning Hoard NOTICE TO TOWN CLERK OF ACTION OF PLANNING BOARD ON PLAN DESCRIBED BELOW I Najmed e s f A lic Date of Submission of Plan: ir`ed$r` e�i R ' ossi t to 242 Dole Street Febreary 23, 1973 North Andover, Mass, Town Clerk, Town of North Andover Town Office Building North Andover, Massachusetts Dear Sir: We forward to you herewith the original and new copy of the plan described below, heretofore submitted to this Board under G.L. ce 41, se 81 P, ,which you may deliver, upon request, to the applicant above named. E CT TITLE OF PLAN, with date and name of Surveyor: RIMS Plan Of Land In North Andove;Alto Class. Owned 8Y Frederick R A Rose i ii l is Move 8, 1972 OtUsere 0 tang, Surveyors Description of land 'sufficient for identification": Land on the Northwasteri aide, of Oslo Mtreat 4240 and 0242 pale Stree i Title reference: North Essex Deeds, Book lit), Page 533 0 Attorney for Applicant: 8022 ISM! Thaddeus J, Port The action taken by this Board upon said plan is indicated upon the reverse hereof. (2) The North Andover Planning Board has determined that said plan does not require approval under the subdivision control law, and the appropriate endorsement has been made upon the same. (2) The North g Andove annin Bo has determined that said plan shows a subdivi n, as defined by G.L. . 4 , and must the re-submitted to it for approval under the subdivision control law. (3) The North Andover ing 134ard has no a n said pl Very truly yours, NORTH ANDOVER PLANNING BOARD f By W l > Date: "/F MOrl0r7 APPIct'Or7 ! LV. (Fnd) LP. ({r+el� i.P- (fnd) .�• 5. CaO Ia., ZOOf+ s` Q1 I Q- PARCEL 'A" I 1 5 , G80Z� ± I � a i i i S1.Y- �1ov s G a24Z 0. S J ' N© so tY- , lu/F J O N 11,J 24� 32.5 ' �1 p(JMOMT ,5g' tfn _• `Q�S�k) pLANNING BOARD APPROVAL UNDER S DIVISION 3 �� AnCLCPIICr- e6mockrck cnol� Ap?emIS CONTROL LAW NOT INQUIRED. BOARD OF TOWN OFp�QRTH �d DOV Y 3�ti�73 j 2.jot,St. Q.(E c�rS}C aF � l vlc9 By . /Qp1� _ . it its As By M tuber By Member I P L A Kj O C L,41V D ) !V c�oc4t Ap`,rc>vg1 M O QT " ANA D OVE2 , M,QSS. x owNED C3Y F-2EDEOCK 2. 4 20SE WW I TC IJ0V. G , 1972 Mc, fic-- : This pldin is based on an older p I Or7 by 261ph B. Br45se-ur, cl6tecl DcCeeo4re Lang Jc ohc 15, 1953 on d 0ecvrded 1 n 1=ssex Consul+ . n Surv��ors Il1o. D15tri'at Oeg. of Dee- cls ns 4 NJ Orf n St. Pl, r7 1x1 cim be_r a7 ( 4 . S 4 1e=r-r-t, - i- U/F Marior? 4pplei-O)-7 f 1.P. (Fnd) f.P4-nd) r s P,oace i....8 .. 16, 000#+ L 4 Q -*1 /� C 1 Q PARCEL "A" ^ r 1 5 , 680 ± d NU. 1 Sty. a242 spy. v , 30 # 0i " IF JQNN 24 -32.6- --- --- DU M O W T 7p.0= IJI In l• py 6 3'� I�loiri-'4't �4scd�rrer Boe►rd. dF a� dwkr. of 11Gat'�Rg {pp rL A. IV O r E..a%Q D 1 r`.1 date. o f ApPrc vas 1 f 1JoOQ I ( 4 AWDOVEe , MA& VS. zi I ' FeEDE:eiCk e. 4 eoSE: w �4 1 TE: 8 . S C,a l-E- = 1 " = 20 ' IQ OV G , 19 72 Rlot�• , This pldn is based on an older ; p l nn by Od 1ph B. Br4sscur, cl6ted L7cCe.s4ra 4 rtg ' Jur, 15, 1953 ar, d P_cGG�rJ&CJ in Msgex C©n .5ui+ ing SurV��©rsy kis7. Distr ci 2c-q. of Deeds ca s 4 Wort h Moi n St. Pte)n 1Jwmber e7 ( 4 . Ste► lgnrn N. t �